Arbitration New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 скачать в хорошем качестве

Arbitration New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958

New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 by Hesham Elrafei Lex Animata THE NEW YORK CONVENTION, VISUALIZED. THE NEW YORK CONVENTION RESULTED FROM THE UN EFFORTS, AFTER THE WORLD WAR, TO BOOST CROSS-BORDER COMMERCIAL TRANSACTIONS, BY ENFORCING AND RECOGNIZING ARBITRATION AGREEMENTS, AND FOREIGN ARBITRAL AWARDS ABROAD. THE CONVENTION IS WIDELY ADHERED TO BY MOST COUNTRIES, INCLUDING MAJOR TRADING NATIONS, AND IT IS BINDING ON STATES THAT HAVE RATIFIED IT, THROUGH ENACTMENT IN THE LOCAL JURISDICTION. THE SYSTEM FOR ENFORCEMENT OF ARBITRAL AWARDS, DEPENDS ON WHETHER THE PLACE WHERE THE AWARD WAS MADE, AND THE PLACE OF ENFORCEMENT, ARE BOTH SIGNATORIES TO THE CONVENTION. A SUCCESSFUL PARTY CAN SEEK TO ENFORCE ITS AWARD, IN ANY COUNTRY WHERE THE LOSING PARTY MAY HAVE ASSETS. THE SCOPE OF THE CONVENTION IS LIMITED ONLY BY RESERVATIONS CONCERNING, RECIPROCITY, COMMERCIAL DEALINGS, AND THE REFERENCE TO ‘FOREIGN AWARDS. HOWEVER, THE NEW YORK CONVENTION PROVIDES THE FOLLOWING GROUNDS, UPON WHICH RECOGNITION AND ENFORCEMENT OF AN AWARD MAY BE REFUSED: THE INCAPACITY OR INVALIDITY OF THE AGREEMENT PROCEDURAL FAIRNESS GROUNDS JURISDICTIONAL GROUNDS BASED ON SCOPE OF ARBITRATION AGREEMENT THE COMPOSITION OF ARBITRAL AUTHORITY VIOLATED THE AGREEMENT AND THE AWARD IS NOT YET BINDING IN ADDITION, RECOGNITION AND ENFORCEMENT OF AN ARBITRAL AWARD MAY BE REFUSED, IF THE SUBJECT MATTER IS NOT CAPABLE OF SETTLEMENT BY ARBITRATION, OR IF THE AWARD IS CONTRARY TO PUBLIC POLICY. #arbitration #law #internationallaw